AAOS Board Takes Professional Compliance Actions

At its meeting on Dec. 8, 2012, the Board of Directors of the American Association of Orthopaedic Surgeons (AAOS) considered a grievance filed under the AAOS Professional Compliance Program. After considering the information presented and upon recommendation of the Grievance Hearing Panel of the Committee on Professionalism, the Board took the following professional compliance action.

Manuel A. Martinez, MD
Westlake, Ohio

On Feb. 16, 2012, a grievance was filed against Manuel A. Martinez, MD, alleging violations of the Standards of Professionalism for Orthopaedic Expert Opinion and Testimony, Mandatory Standards Nos. 1 (“An orthopaedic surgeon shall not knowingly provide oral or written medical testimony or expert medical opinions that are false.”) and 6 (“An orthopaedic surgeon who provides oral or written medical testimony or expert medical opinions shall seek and review all pertinent medical records and applicable legal documents, including relevant prior depositions, before rendering any statement or opinion on the medical or surgical management of the patient.”).

The grievance arose from statements made by Dr. Martinez in his Affidavit of Merit as an expert witness for the plaintiff in a medical liability lawsuit. The plaintiff-patient alleged that the surgeon failed to meet the standard of care in obtaining informed consent and performed inappropriate and overly aggressive surgery. As a result, the plaintiff-patient alleged she suffered from residual scarring, severe pain, and sustained limited use of her left hand. The lawsuit was dismissed by the trial court.

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